Q: Is DACA still processing new applications? Do you need to know your exact previous adresses for Form I-821D?
A: Unfortunately, DACA is not processing new applications. It is best to have the exact address or as close as possible. For example, you can find the zip code using the street address and so on. You can also check old documents for the addresses where you lived before.
The Department of Homeland Security (DHS) announced a proposed rule seeking to strengthen existing DACA protections on September 27, 2021. The rule will be officially published on Tuesday, September 28 for a 60-day public comment period.
Homeland Security Secretary Alejandro Mayorkas stated that “only Congress can provide permanent protection.”
To date, both bills have been introduced in Congress since January, 2021 yet, neither became the law.
In July, 2021 a Texas judge ruled that DACA violated the Administrative Procedure Act (APA) and blocked USCIS from approving new applications for the program.
Thus, ONLY the DACA renewals are possible at this time, not the new applications.
The proposed bill (if it ever becomes the law) includes the same prior DACA provisions, but with some changes:
1. The proposed bill would modify the existing filing process and fees by making the I-765 application for work authorization optional.
Currently, it is required to file both the I-821D and I-765 for a total fee of $495. In making the I-765 optional, the proposed rule will charge a fee of $85 for the I-821D if filed alone, to maintain the current total fee structure for those who choose to file both forms ($85 for the I-821D + $410 for the I-765 for a total of $495). Next, the proposed rule would create a DACA-specific regulatory provision regarding work authorization eligibility in a new paragraph designated at 8 CFR 274a.12(c)(33).
2. The proposed rule would automatically terminate work authorization upon the termination of DACA.
3. The proposed rule would reiterate the longstanding USCIS policy that those who have been granted deferred action are considered “lawfully present” and will not accrue unlawful presence in the U.S.
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